Private Health Facilities Act 1999Private Health Facilities Regulation 20161Short titleThis regulation may be cited as the Private Health Facilities Regulation 2016.2CommencementThis regulation commences on 1 September 2016.3Day hospital health services(1)For section 10(3) of the Act, definition day hospital health service, paragraph (b)(iii), the following diagnostic, surgical or other procedures are prescribed—(a)cardiac stress testing that is not performed in compliance with the standard called ‘Specialty health services standard (version 5)’ mentioned in the Private Health Facilities (Standards) Notice 2016;(b)haemodialysis;(c)cytotoxic infusion, other than cytotoxic infusion performed as maintenance therapy within an established treatment regime;(d)gastrointestinal endoscopy, other than the following types of gastrointestinal endoscopy—(i)proctoscopy;(ii)sigmoidoscopy.
(2)Also, for section 10(3) of the Act, definition day hospital health service, paragraph (b)(iii), the following surgical procedures are prescribed—(a)abdominoplasty;(b)belt lipectomy;(c)biceps implants; (d)brachioplasty;(e)breast augmentation or reduction; (f)buttock augmentation, reduction or lift; (g)calf implants; (h)deltoid implants; (i) facelift, other than a mini-lift that does not involve the superficial musculoaponeurotic system (SMAS);(j)facial implants that involve— (i)inserting an implant on the bone; or(ii)surgical exposure to deep tissue;
(k)fat transfer of more than 500 millilitres of lipoaspirate;(l)labiaplasty;(m)liposuction that involves removing more than 2.5 litres of lipoaspirate;(n)mastopexy or mastopexy augmentation; (o)monsplasty;(p)neck lift;(q)pectoral implants; (r)penis augmentation; (s)rhinoplasty; (t)triceps implants; (u) vaginoplasty.
s 3 amd 2017 SL No. 213 s 54Minimum patient throughput standardFor section 12(2)(g) of the Act, the following health services are prescribed—(a)cardiac surgery;(b)cardiac catheterisation;(c)obstetrics.
5Prescribed change for which notice must be given(1)For the Act, section 23(4), definition prescribed change, paragraph (b) and section 48(6), definition prescribed change, paragraph (b), a change relating to an authority holder of the following kind is prescribed—(a)a change in the name of the authority holder or an associate of the authority holder; (b)a change in the authority holder’s address;(c)if the authority holder or an associate of the authority holder is a corporation—(i)a change of the corporation’s executive officers; or(ii)for a corporation, other than a listed corporation, a change of the corporation’s shareholders;
(d)if the authority holder is the licensee for a private health facility—(i)a change of the person who has the day-to-day management of the facility; or(ii)a change of the nurse in charge of the nursing staff at the facility; or(iii)a change of the quality assurance program for the facility; or(iv)a change of the quality assurance entity conducting the quality assurance program for the facility; or(v)a change as to when the facility will be reviewed, by a quality assurance entity, to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system.
(2)In this section—listed corporation has the same meaning as in section 9 of the Corporations Act.nurse means a person registered under the Health Practitioner Regulation National Law—(a)to practise in the nursing profession, other than as a student; and(b)in the registered nurses division of that profession.
s 5 amd 2018 SL No. 187 s 126Time for giving of reports(1)This section applies to reports required to be given by the licensee of a private health facility under section 144(1) of the Act.(2)For section 144(3)(b) of the Act, the following times are prescribed for giving the reports—(a)for a report about patient identification, diagnosis and activity data—within 35 days after the end of each month during the term of the licence;(b)for a report about clinical indicator data—within 35 days after the end of each 6-month period during the term of the licence;(c)for a report about a review by a quality assurance entity to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system—within 35 days after the licensee receives a written notice of the outcome of the review from the quality assurance entity;(d) for a reportable event—within 2 business days of the event.
(3)In this section—reportable event see the Hospital and Health Boards Act 2011, section 94.s 6 amd 2019 SL No. 40 s 127Giving or disclosing information(1)The agreements stated in schedule 1 are prescribed for section 147(4)(c) of the Act.(2)For section 147(4)(h)(ii) of the Act, Hardes and Associates Pty Ltd ACN 079 150 940 is prescribed for the purpose of evaluating, managing, monitoring or planning health services by reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services.8Quality assurance entity(1)For schedule 3 of the Act, definition quality assurance entity, an entity approved by the Commission as an accrediting agency is prescribed.(2)In this section—accrediting agency means an agency that accredits entities against the National Safety and Quality Health Service (NSQHS) Standards developed by the Commission.Commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth), section 8.s 8 amd 2019 SL No. 40 s 139Quality assurance program(1)For schedule 3 of the Act, definition quality assurance program, the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Commission are prescribed.(2)In this section—Commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth), section 8.s 9 sub 2019 SL No. 40 s 1410FeesThe fees payable under the Act are stated in schedule 2.11Refund of fees(1)The chief health officer must, as soon as practicable, refund the fee paid on a relevant application if—(a)the chief health officer refuses to grant the application; or(b)the applicant withdraws the application before it is decided.
(2)In this section—relevant application means an application under the Act other than an application for an approval.12Transitional provision for Health Legislation Amendment Regulation (No. 2) 2017Section 3(2) does not apply in relation to a facility until 1 January 2018.s 12 ins 2017 SL No. 213 s 6Schedule 1Agreementssection 7(1)1Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, as amended from time to time, between the Commonwealth of Australia and the States and Territories of Australia, commenced 1 January 20092National Health Information Agreement between the Commonwealth, State and Territory health, statistical and national authorities, commenced 1 October 20133 Agreement between Queensland and the Australian Capital Territory for the funding of patient services provided to residents of the Australian Capital Territory by Queensland and vice versa, for the period 1 July 2014 to 30 June 20164 Agreement between Queensland and New South Wales for the funding of patient services provided to residents of Queensland by New South Wales and vice versa, for the period 1 July 2012 to 30 June 20145 Agreement between Queensland and the Northern Territory for the funding of patient services provided to residents of the Northern Territory by Queensland and vice versa, for the period 1 July 2014 to 30 June 20176 Agreement between Queensland and South Australia for the funding of patient services provided to residents of Queensland by South Australia and vice versa, for the period 1 July 2014 to 30 June 20177 Agreement between Queensland and Tasmania for the funding of patient services provided to residents of Queensland by Tasmania and vice versa, for the period 1 July 2014 to 30 June 20178 Agreement between Queensland and Victoria for the funding of patient services provided to residents of Queensland by Victoria and vice versa, for the period 1 July 2014 to 30 June 20179 Agreement between Queensland and Western Australia for the funding of patient services provided to residents of Western Australia by Queensland and vice versa, for the period 1 July 2014 to 30 June 2017
sch 1 amd 2018 SL No. 31 s 7Schedule 2Feessection 10$
Approvals
1Application for an approval (Act, s 17(c))—
(a)for a day hospital1,597.50
(b)for a private hospital with not more than 25 beds2,397.50
(c)for a private hospital with more than 25 beds but not more than 100 beds3,196.50
(d)for a private hospital with more than 100 beds but not more than 200 beds3,994.50
(e)for a private hospital with more than 200 beds4,794.00
2Application for an extension of the term of an approval (Act, s 25(3)(c))239.50
3Application to change an approval (Act, s 30(2)(b))—
(a)for a change to the type of health services proposed to be provided at the proposed private health facility477.00
(b)for an increase of more than 25 beds for the proposed private health facility477.00
(c)for 1 or more other changes239.50
4Issue of an approval to replace a lost, stolen, destroyed or damaged approval (Act, s 38(4))53.50
$
Licences
5Application for a licence (Act, s 42(c))—
(a)for a day hospital1,597.50
(b)for a private hospital with not more than 25 beds2,397.50
(c)for a private hospital with more than 25 beds but not more than 100 beds3,196.50
(d)for a private hospital with more than 100 beds but not more than 200 beds4,794.00
(e)for a private hospital with more than 200 beds7,992.50
6Application for renewal of a licence (Act, s 51(2)(c))—
(a)for a day hospital—
(i)if the term of the licence is 1 year or less239.50
(ii)otherwise718.50
(b)for a private hospital with not more than 25 beds—
(i)if the term of the licence is 1 year or less477.00
(ii)otherwise1,438.50
(c)for a private hospital with more than 25 beds but notmore than 100 beds—
(i)if the term of the licence is 1 year or less957.50
(ii)otherwise2,876.50
(d)for a private hospital with more than 100 beds butnot more than 200 beds—
(i)if the term of the licence is 1 year or less1,917.00
(ii)otherwise5,753.50
(e)for a private hospital with more than 200 beds—
(i)if the term of the licence is 1 year or less3,834.00
(ii)otherwise11,506.50
7Application to change a licence (Act, s 56(2)(b))—
(a)for a change to the type of health services provided at the private health facility957.50
(b)for an increase of not more than 25 beds for the private health facility477.00
(c)for an increase of more than 25 beds for the private health facility957.50
(d)for 1 or more other changes239.50
8Application for approval of a prescribed alteration to a private health facility (Act, section 63(c))—
(a)for a day hospital239.50
(b)for a private hospital477.00
9Application to transfer a licence (Act, s 68(2)(c)(ii))—
(a)for a day hospital1,597.50
(b)for a private hospital with not more than 25 beds2,397.50
(c)for a private hospital with more than 25 beds but not more than 100 beds3,196.50
(d)for a private hospital with more than 100 beds but not more than 200 beds4,794.00
(e)for a private hospital with more than 200 beds7,992.50
10Issue of a licence to replace a lost, stolen, destroyed or damaged licence (Act, s 79(4))53.50
sch 2 sub 2018 SL No. 62 s 14